You can check if a name is available for registration by performing a check name availability search which will compare your name against an index of Australian corporate and registered business names and other names (e.g. government bodies notified to ASIC).
If you apply to register your company name as a business name, you will receive a 'red' result telling you the name is not available as it is already registered. This is to prevent others from registering the name. Generally, if you are applying to register the business name using the company's ABN, we will proceed with the registration of the name. However, you will need to request a review of our decision to reject the name (under 'Lodgements and notifications' in ASIC Connect).
Find out more about business name availability.
Having a registered business name does not give you ownership of the name or the exclusive right to use the name. Registering a business name:
- does not stop another person from registering a similar name
- will not prevent the name being registered as a trademark
- will not prevent the name being used by someone that has already registered it as a trademark, and
- does not protect you from legal action if the name of your business infringes the intellectual property rights of another (for example, a name which is a registered trademark).
The obligation to register a business name is a legal obligation which is entirely separate to any steps that business owners may take to protect any intellectual property rights in a name or brand, such as registering a trademark.
Before you register a business name, you should undertake the following checks:
- check to see if the name is identical or similar to a registered trademark, by using the new free IP Australia Trade Mark Check (TM Check)
- if you would like to register a domain name in addition to your business name, check to make sure that the domain name you want is available at www.auda.org.au, and
- check for any state or territory licences you may require to use a name or conduct a particular type of business in your state or territory. For more information go toBusiness Licence Information Service .